Gordon Case & Co. v. West

2005 UT 71
This opinion is subject to revision before final
publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH
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Gordon Case & Company, a Utah No. 20050652
business entity,
Plaintiff and Petitioner,
v.
Arnold West, an individual, and F I L E D
Mary Helen West, an individual,
Defendants and Respondents. November 4, 2005
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Fourth District, Orem Dep’t
The Honorable John Backlund
No. 030200433
Attorneys: Denver C. Snuffer, Jr., Daniel Garriott, Sandy, for
plaintiff
James Tucker Hansen, Orem, for defendants
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On Certiorari to the Utah Court of Appeals
PER CURIAM:
¶1 This matter is before the court upon a petition for a
writ of certiorari, filed on August 1, 2005.
¶2 IT IS HEREBY ORDERED, pursuant to rule 45 of the Utah
Rules of Appellate Procedure, the petition for writ of certiorari
is granted and summarily affirmed. The sole basis on which
certiorari is granted is a conflict in the decisions of differing
panels of the court of appeals on the following issue of law:
Whether an appellate court obtains
jurisdiction over an appeal filed more than
ten days after denial of a post-judgment
motion in an unlawful detainer action.
¶3 The unpublished per curiam opinion in Hawkins v.
Callahan, 2001 UT App 343U, ¶ 2, patently erred in its

No. 20050652 2
determination of this question. The panel in the instant case,
on the other hand, correctly decided the question and correctly
dismissed for lack of jurisdiction. Therefore, its decision is
summarily affirmed.
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